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2013 Supreme(MP) 381
HIGH COURT OF MADHYA PRADESH
S.K. Gangele, J.
Shri Neoteric Developers Pvt.Ltd. (M/s.) v. M.P. Madhya Kshetra Vidyut Vitaran Co.Ltd. and others
Writ Petition No.1681 of 2013 (Gwalior); Decided on 11.7.2013.
Deepak Chandra for petitioner;
Vivek Jain for respondents.
Headnote:Electricity Regulatory Commission (Recovery of Expenses and other Charges for Providing Electric Line or Plant used for the purpose of giving supply) Regulations (Revision-I) (M.P.) 2009 -- Reg.4.1.3(ii) and 4.1.3(iii) -- dispute over load of electricity in a company -- Court can lift the veil of the company to find out its links with other companies -- aforesaid load estimated by including the load of all inter-linked projects.
Held : In view of the aforesaid judgment of the Hon’ble Supreme Court, it is clear that the Court has power to lift the veil of the company and find out that whether the companies have been incorporated to benefit to each other and in order to fix the payment of liability of tax.
From the perusal of all the material, it is clear that the colony is the same although the petitioner company has claimed that it has developed East Park Project, but after perusal of the documents, in my opinion, it is a part and parcel of other projects and the residential colony is the same. After providing electricity, the load of electricity would be more than 2000 KW as submitted by the respondent. In such circumstances, in my opinion, the petitioner is liable to pay the charges for the electricity connection in accordance with the provisions of Regulation 4.1.3(ii) of the Regulations of 2009 and it has to be paid the expenses of installation of 33/11 KW sub-section. AIR 1988 SC 1737 followed.
[Para 14
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1. In this petition, the petitioner prayed a relief that respondent No.1 be directed to accept the application of the petitioner (Annexure P-6) in regard to external electrification of its East Park Project situate at Gram Ohadpur, District Gwalior.
2. The petitioner pleaded that it is a company incorporated under the provisions of Companies Act, 1956. The company purchased certain lands in the year 2010. On 6.5.2011 it received permission for development of a colony over 35750 sq.mtr. of land by the Joint Director, Town and Country Planning Department, Gwalior. The petitioner company also received necessary sanction from other agencies.
3. On 11th October 2012, the company submitted an application to the Assistant Engineer of respondent No.1 in regard to grant of electricity connection for external electrification in the campus of said project. It is mentioned in the application, a copy of which has been filed as Annexure P-6 along with the petition, that the total requirement of electricity for the said campus is 1062 KW. The details are as under :
S. Plot Area No. of Required load in Total load No. connection each connection
1. 3200 sq.ft. 20 10.0 KW 200.0 KW
2. 3000 sq.ft. 14 10.0 KW 140.0 KW
3. 2100 sq.ft. 18 9.0 KW 162.0 KW
4. 2100 sq.ft. 27 5.0 KW 135.0 KW
5. Common 1 25.0 KW 25.0 KW Pump + Street Light
6. 2 Nos. Commer- 2 200.0 KW 400.0 KW cial Block (A-25460 sq.ft., B-24600 sq.ft.)
Total No. of 82 Total Load 1062.0 KW connections
3. Deputy General Manager of the respondent company vide letter dated 24.12.2002, a copy of which has been filed as Annexure P-7, informed the petitioner that other projects undertaken by M/s. Neoteric Developers Pvt.Ltd., namely Gulmohar City, Green Park, Orchid Green, East Park Evenue are of the same group and the colony is the same, hence, the total requirement of electricity for the foresaid colony is more than 2000 KW and for the aforesaid purpose construction of 33/11 KW sub-station is required and it has to be done by the applicant. Consequently, the request shall be considered after construction of this 33/11 KW sub-station. The petitioner in the present petition challenged the aforesaid condition.
4. In the return, the respondent company has pleaded that M.P. Electricity Regulatory Colmmission framed the Regulation named as Madhya Pradesh Electricity Regulatory Commission (Recovery of expenses and other charges for providing electric line or plant used for the purpose of giving supply) Regulations (Revision-I), 2009 (hereinafter referred to as Regulations of 2009). Regulation 4.1.3(iii) of the Regulations of 2009 provides expenses, which havge to be incurred by the applicant and if the total load of the complex/colony is more than 2000 KW, then installation of 33/11 KW sub-station has to be made by the applicant. Since the petitioner has not completed the aforesaid sub-station, hence, the request of the petitioner could not be accepted. It is further pleaded by the company tht the petitioner is part of Neoteric Group and it has developed colonies under different four companies and the estimated load is near about 3416 KW. The details are as under :
Colony name Estimated load
Gulmohar City 1541 KW
Green Park 596 KW
Orchid Green 217 KW
East Park Avenue 1062 KW
Total 3416 KW
Hence, without complying the provisions of the Regulation 4.1.3(iii) of the Regulations of 2009, it is not possible to supply electricity to the petitioner. Respondent company further pleaded that at present there is single sub-station at Mahalgaon named as “Mahalgaon 33/11 KW sub-station” of 5 MVA capacity and against the aforesaid, load of 10500 KW has already been sanctioned. Hence, without construction of another sub-station it is not possible to accept the request of the petitioner.
5. Learned counsel for the petitioner has submitted that the load of colony developed by the petitioner company is near about 1062.6 KW as mentioned in
